LEWIS v. BRATHWAITE (2021)

United States Court of Appeals, Fourth Circuit.

Lloyd T. LEWIS, Plaintiff - Appellant, v. Stephanie BRATHWAITE, Defendant - Appellee.

No. 20-7317

Decided: January 22, 2021

Before AGEE, WYNN, and DIAZ, Circuit Judges. Lloyd T. Lewis, Appellant Pro Se. John Walton Minier, YATES, MCLAMB & WEYHER, LLP, Raleigh, North Carolina; Gary Adam Moyers, BATTEN LEE, PLLC, Raleigh, North Carolina, for Appellee.

Lloyd T. Lewis seeks to appeal the district court's order dismissing all of Lewis’ claims against one Defendant and dismissing some claims against the remaining Defendant, but allowing Lewis’ deliberate indifference claim against the remaining Defendant to proceed. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Lewis seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny Lewis’ motion for a protective order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.